When you think about driving under the influence (DUI), do you think the bigger issue is driving while intoxicated by alcohol, or driving while impaired by drugs, such as marijuana or heroin?

Drug-Impaired Driving Is a Growing Problem

Interestingly enough, fatal car crash data shows that the number of alcohol-impaired drivers killed has declined over the past decade, while the number of drug-impaired drivers killed has risen. Now, there is no nationwide standard protocol for alcohol and drug testing of drivers killed in car crashes, but a report issued by the Governors Highway Safety Association in May 2018 stated some concerning facts in relation to drug-impaired driving:

The number of known alcohol-positive drivers killed in a car crash decreased from 7,750 in 2006 to 5,473 in 2016;

The number of known drug-positive drivers killed in a car crash increased from 3,994 in 2006 to 5,365 in 2016;

Of those who were tested, nearly half of the drivers involved in a fatal crash tested positive for both drugs and alcohol; and

Of the drug-positive drivers killed, 38% tested positive for cannabis, 16% for opioids, 4% for both, and 42% for some other drug.

One reason given for the increase in drug-impaired driving is the rise in opioid use, which includes illegal “street” drugs, like heroin and illegally manufactured fentanyl (a synthetic opioid), as well as prescription drugs like Oxycontin and Vicodin.

Imagine this scenario: You had a few drinks uptown, started driving home, and got into a car accident. Do you know the correct actions to take next? Do you understand what can happen if the police have reasonable cause to arrest you for driving under the influence (DUI)? It is important for every driver to know what to do in this type of situation, even if you just had one drink and were not legally intoxicated at the time of the accident.

Do You Have to Call the Police to an Accident Scene in Illinois?

If you have a single-car accident, you only need to call the police and file an accident report if there is over $1,500 worth of property damage.

If your car collides with another motor vehicle or person, Illinois law requires you to stop, render necessary aid, and exchange identification and insurance information. The police must be called to the scene if there is property damage over $1,500 or if anyone is injured or killed.

If you or a loved one are stopped for a traffic violation and suspected of driving under the influence (DUI) of drugs or alcohol (or for any other criminal offense), you will have several opportunities to make it either easier or more difficult for the police to gather evidence and the District Attorney to nail you with a “guilty” verdict. Remember, the goal of the police is to find evidence of your guilt.

Here are some tips to protect yourself against common police tactics related to vehicle searches, which are purposely employed to intimidate, mislead, or lure you into self-incrimination.

If Police Ask to Search Your Car Without Probable Cause, You Can Refuse

If you are stopped on a traffic violation, that does not give the police an automatic right to search your car.

If you have been charged with driving under the influence of alcohol or drugs, you need to act quickly to mitigate the potential consequences, which can include losing your driver’s license, paying a fine of up to $2,500, and more.

But before a judge can hand down a sentence, the state must prove that you are guilty of the crime. Even if you failed a breathalyzer or drug test, a conviction is not 100% guaranteed. With the help of an experienced DUI defense lawyer and a comprehensive investigation of your case, it may be possible to get the charges against you reduced or even dismissed.

The better you understand the legal process, the better equipped you will be to work with your attorney to develop the best possible defense. Toward that end, here is a brief overview of the process.

If you are caught driving under the influence in Illinois, part of the punishment is the suspension or revocation of your driver’s license. However, the state realizes that most people need to drive in order to earn a living and care for their families. The solution is the Breath Alcohol Ignition Interlock Device (BAIID), also commonly known as an in-car breathalyzer, blow-and-drive lock, or blow-to-go device.

Driver’s License Suspension for First-Time DUI Offenders

If you are arrested for DUI in Illinois and you either fail the evidentiary test (that is, your blood-alcohol concentration, BAC, is at or above .08) or you refuse to be tested, your Illinois driver’s license will automatically be suspended.

The effect of alcohol consumption on the ability to drive safely has been studied intensely for over 60 years. Scientists have developed tests of blood alcohol concentration (BAC), including breathalyzers and blood tests, that are accurate enough to be fully accepted by American courts. Scientific studies have proven that alcohol impairment begins with the first drink; that the higher a person’s BAC level is, the more impaired their driving is; and that .08 is a level at which driving is so impaired as to pose a significant danger to public safety.

But when it comes to marijuana, such conclusive research does not yet exist. Yes, the level of THC, marijuana’s main psychoactive component, in the blood can be measured. But, different from alcohol, THC can be present in the blood long after its psychoactive effect has worn off. There is currently no test that can differentiate “active” THC that would impair driving from “inactive” THC that would not. Nor is there clear and convincing research showing what level of THC results in impaired driving, or widespread agreement on what the legal limit should be.

So how can Illinois arrest, much less convict, people of driving under the influence of marijuana?

When someone gets arrested for driving under the influence (DUI), what is the first thing they should do when they get home? Most people have no idea, and understandably so. But when a DUI arrest happens to you or someone you care about, getting the right information quickly is imperative. You may be shocked. You may be fearful. But when a DUI arrest happens, you cannot afford to be misinformed or to delay action. The sooner you start preparing your DUI defense, the better. Here are three critical steps you should take within a day or two of your arrest.

Step 1: Make Note of Your Court Date

Your first court date, also called the arraignment date, will be shown on the traffic ticket issued to you by the arresting officer. Your court date and location will also be shown on your bond slip.

Spending an evening or weekend with family and friends is a common way to unwind from a very hectic week. Sometimes, these social gatherings include alcohol, and anyone who is driving must be aware of the adverse consequences that may follow after choosing to drink and drive. When leaving an event, there must always be a designated driver. However, if there is no designated driver, there is always the option for ride-sharing, as to prevent the possibility of driving under the influence otherwise. In Illinois, there are many DUI charges that have been administered, but ten notable cities in the state have experienced the biggest number of DUI charges.

Number of DUI Charges

In 2016, there were a total of 5,619 DUI arrests by the Illinois State Police. Between the years 2015 and 2016, the highest percentage point of DUI arrests included:

A drink or two of wine on a Friday night can be a way to unwind from a very hectic week. A pack or two of beer can bring loved ones together. If a person considers drinking alcohol, then he or she will need to weigh out the consequences of this action. Drinking and driving is one of the top causes of death in Illinois, and anyone caught driving with a blood alcohol content of over 0.08 will face very serious consequences.

2015 DUI Statistics

In 2015, 268 Illinois residents were killed in car accidents that involved the use of alcohol, constituting 30 percent of all alcohol related car accidents for that year. There were a total of 32,285 Illinois residents who were arrested on DUI charges, with 91 percent of those arrested losing their driving privileges.

Drivers who have had a few too many drinks before getting on the road pose a risk to themselves and others. Logically, police want to protect the community while also doing their job so they can provide for their families. In many cases, the field sobriety tests given at a stop are conducted illegally, regardless of intention. If the officer failed to adhere to the law and structure required to make a DUI stop or arrest, the integrity of the test becomes questionable. It is increasingly common for officers to wear or utilize video recording devices for a stop. This video evidence becomes useful in court.

Traditional FST Methodologies Are Inaccurate

Most of the commonly conducted field sobriety tests have been around for years, or decades. They say that if something is not broken, do not fix it. However, just because something is common practice does not make it right, either. The intention of the examinations is to determine impairment of psychomotor and cognitive functions. The theory is that if the individual is unable to follow directions and pay attention, they were not logically able to do so in a car. The three most frequent examinations are the “walk and turn,” the “one-legged stand,” and the "horizontal gaze nystagmus.” If any of the tests show any mistakes, notes claiming impairment go into the report. The pitfall of these tests is the situation in which the test is administered is not under normal circumstances. The surroundings and the experience cause adverse negative reactions, which also slow motor functions. The following factors have nothing to do with intoxication but can affect the results:

Good citizens are everywhere. Their behaviors mean no harm but to only help someone in need or to assist their community. However, occasionally a do-gooder reads a situation wrong. For instance, a person may report a home break-in. But what is actually occurring is someone who is locked out of their home and is trying to find a window accidentally left unlocked.

Anonymous tips from these individuals pour into police stations regularly, and a significant portion of these tips come from drivers or passengers on the roadway who report someone who appears to be DUI.

When it comes to holidays and DUI, people may consider New Year’s Eve and Christmas Day to have the highest number of fatal accidents. These holidays, however, are not the most prevalent for drinking and driving accidents.

According to the U.S. Department of Transportation, Memorial Day and Independence Day rank higher than either of the other two. The only holiday ranking consistently higher is Thanksgiving Day.

Consider the following scenario: You went out with friends and drank too much. You knew you were not safe to drive. Rather than wait for a taxi to pick you up and take you home, or ride home with one of your intoxicated friends, you decided to sleep off your intoxication in the car. However, your decision came under question when an officer knocked on your window and began demanding sobriety tests. Now, you are facing DUI charges and you were not even driving. How did this happen?

Not As Uncommon As You Might Think

DUI sleeping in a car is possible and relatively common. The Illinois criminal code broadly states that an individual may not be in actual or physical control of a vehicle while intoxicated. If you are sleeping, are you in real control of the vehicle? The following factors provide guidelines for these cases:

After a night out involving a couple of adult beverages, the last thing anyone wants to see is police lights in his or her rear view mirror. The realization is a quick “buzz kill,” even if the “buzz” emanates from the feel-good time of a joyful night out rather than any alcohol. Rest assured that a DUI stop does not immediately mean the end of the world.

Like those before you, you will have your day in court to defend yourself. With a credible case, you may see that your charges are dismissed or reduced. However, there are steps you can take, both during and immediately following a traffic stop, that can help make the situation easier on you later.

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